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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 28, 2008, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court, and was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on June 25, 2014.
On July 1, 2017, at around 23:33, the Defendant driven CCA 110 motor bicycle under the influence of alcohol without obtaining a motor device driver's license from around 100 meters in a section of about 100 meters from the front of the Seoul Northernbuk-gu, Seoul to the front of the 1dong Community Service Center for 1, 299, and without obtaining a motor device driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Report on the circumstances of driving under the liquor:
1. Inquiries about the results of crackdown on drinking driving;
1. A written appraisal of alcohol during blood;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to provide community service has been served several times of punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again, the crime of this case is committed, the drinking value is high, there is no criminal punishment exceeding a fine, there is no child to support, and the fact that